New Hampshire

UPDATE 01/09/18 1:30 PM Eastern: New Hampshire House Leadership, instead of sending the approved bill directly to the state Senate, has referred the legislation back to the House Ways and Means Committee. Now, either the committee declines to take action and sends the bill to the state Senate or holds hearings on the bill before sending it back to the House floor for another full vote.

This morning, in a direct rebuke to the bluster coming from US Attorney General Jeff Sessions, the New Hampshire House of Representatives voted 207 to 139 in favor of a measure that would legalize the possession of up to 3/4 of an ounce of marijuana and the cultivation of 3 mature plants for adults 21 years of age or over. This legislation is similar to a measure passed by members of the House of Representatives in neighboring Vermont last week. Both measures now await action by their respective state Senates, with a vote in Vermont expected for later today.

A broader legalization bill, which included commercial cultivation and retail sales, was voted down in a New Hampshire House committee last November. Today, state Representatives voted to overturn that initial vote and amended that legislation to only include the legalization of personal possession and cultivation. Currently, there is a standing legislative study committee in the state that is researching and reviewing the potential of legalized commercial marijuana in New Hampshire and is expected to give recommendations later this year.

“Despite the best attempts by Attorney General Jeff Sessions and the Department of Justice to intimidate state governments, the recent votes in Vermont and New Hampshire demonstrate that legislators are ignoring this bluster and are standing up for the will of the people,” said NORML Executive Director Erik Altieri, “An overwhelming majority of Americans want to see marijuana legalized and their elected officials are smartly siding with this broad public opinion and sensible policy direction over the Reefer Madness being spouted by Attorney General Sessions.”

NORML will keep you updated as these and other legislative reform efforts advance.

House Bill 640, which takes effect in 60 days, eliminates criminal penalties for the possession of up to 3/4 of an ounce of cannabis and/or up to five grams of hashish for those age 18 or older. Under the new law, first time offenders will receive a civil violation punishable by a $100 fine.

Presently, first-time marijuana possession is punishable by up to one year in prison, a potential $2,000 fine, and a criminal record.

“New Hampshire will soon join the chorus of states that recognize the baseline level of dignity for it’s citizens and tourists who choose to consume marijuana,” said Justin Strekal, NORML Political Director. “Soon, throughout New England, individuals will be able to freely travel without the threat of jail time for possession of marijuana.”

New Hampshire is the only New England state that presently treats minor possession offenses as a criminal offense.

New Hampshire is the only New England state that has not either decriminalized or legalized adult marijuana use but that is soon to change.

Today, the state Senate passed an amended version of House Bill 640, which eliminates the threat of jail time for a possession conviction of less than 3/4 of an ounce and reduces the fine from $350 to $100.

HB 640 is a long overdue, fiscally sensible proposals that is supported by the voters, and that will enable police, prosecutors, and the courts to reallocate their existing resources toward activities that will better serve the public.

Sixty-eight percent of New Hampshire adults support “legalizing [the] possession of small amounts of marijuana for personal recreational use,” and seventy-four percent of respondents endorse marijuana being sold at state-licensed outlets and taxed in a manner similar to alcohol.

After years of stonewalling by former leadership, we commend lawmakers for finally correcting this injustice. Once law, Granite state residents will be one step closer to being able to truly ‘Live Free’ and not just ‘live free, but potentially be incarcerated.

This was a huge week for marijuana law reform. Congress voted for the first time to expand medical cannabis access to military veterans, and Governors in numerous states signed cannabis legalization and depenalization measures into law. Keeping reading to get the latest news and to learn what you can do to take action.

Federal:

Members of the US House and Senate voted yesterday for the first time to expand military veterans’ access to medicinal cannabis in states that allow it. House members voted 233 to 189 last week in favor of the Veterans Equal Access Amendment. The amendment, offered by Rep. Blumenauer (D-OR) to the Fiscal Year 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations bill, prohibits the federal government from sanctioning V.A. physicians who wish to recommend cannabis therapy to their patients. Members of the US Senate Appropriations Committee previously voted in April in favor of a similar provision and the full Senate also signed off on their version of the bill yesterday. The House and Senate versions of FY 2017 Military Construction, Veterans Affairs and Related Agencies Appropriations now await a concurrence vote prior to being sent to the President.

State:

Colorado: House and Senate lawmakers have overwhelmingly approved legislation, House Bill 1373, to permit qualified patients access to the use formulations of medical cannabis while on school grounds. The measure now awaits action by Gov. John Hickenlooper, who indicated that he would sign the bill into law. Once enacted, a primary caregiver may administer non-inhalable formulations of medical cannabis to a qualifying patient while that patient is on the grounds of a pre-school, primary, or secondary school in which the student is enrolled. Medical marijuana patients may not be denied eligibility to attend school because of their cannabis use.

Connecticut: Democrat Gov. Dannel Malloy this week signed legislation expanding patients’ access to the state’s medicinal cannabis program. House Bill 5450 permits qualifying patients under the age of 18 to possess and consume medical cannabis preparations. The proposal also expands the list of qualifying illnesses eligible for cannabis therapy to include: ”uncontrolled intractable seizure disorder,” ”irreversible spinal cord injury with objective neurological indication of intractable spasticity,” “cerebral palsy,” “cystic fibrosis,” or “terminal illness requiring end-of-life care.” Other provisions in the bill seek to establish a statewide clinical research program, and protect nurses from criminal, civil, or disciplinary sanction if they choose to administer marijuana to a qualifying patient in a hospital setting. The new law takes effect on October 1, 2016.

Illinois: Members of the House voted 64 to 50 on Wednesday, May 18, in favor of Senate Bill 2228, legislation to decriminalize the possession of small amounts of marijuana. Members of the Senate had previously voted 44 to 12 in favor of the measure, which makes the possession of up to 10 grams of marijuana a civil violation punishable by a fine of $100-$200 — no arrest and no criminal record.

Currently, those caught possessing that amount could face up to six months of jail time and fines of up to $1500. The bill also amends the state’s zero tolerance per se traffic safety law. Senate Bill 2228 now goes to Gov. Bruce Rauner. Last year, the Governor issued an amendatory veto to a similar bill. However, this year’s language addresses the Governor’s past concerns.

Kansas: Governor Brownback recently signed House Bill 2462 into law to amend marijuana possession penalties. The law reduces criminal penalties for first-time marijuana possession offenses from a Class A misdemeanor (punishable by up to one year incarceration and a $2,500 fine) to a Class B misdemeanor (punishable by no more than six months in jail and a $1,000 fine). Second convictions will no longer be classified as a felony offense. You can read the full summary of the engrossed bill here. The sentencing changes take effect imminently.

The measure also expands the pool of conditions eligible for cannabis therapy to include the following: “cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, cachexia or wasting syndrome, seizure disorders, epilepsy, spasticity, Crohn’s disease, muscular dystrophy, or multiple sclerosis. Separate legislation, SB 180, which explicitly immunizes the program’s participants from state criminal prosecution, remains pending in the House and is anticipated to be voted on as early as next week.

Maine: Governor Paul LePage has signed legislation, LD 726, into law permitting qualified patients to use medical marijuana while admitted in Maine hospitals. This measure does not require hospital staff to administer medical marijuana to a patient and will only allow for patients to consume cannabis preparations in a smokeless form. The law also establishes licensing protocols for marijuana testing facilities and the labeling of medical cannabis products.

New Hampshire: Members of the Senate on Thursday, May 19, sent House-backed decriminalization provisions to conference committee rather than engage in an up/down vote of the bill. Members of the House previously voted 298 to 58 to amend Senate Bill 498 to make first-time offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. In past years, the Senate has been consistently hostile to any House efforts to decriminalize marijuana possession penalties.

The conference committee, consisting of members of the House and Senate, will now try to agree upon a finalized version of SB 498. It is important that Senate members hear from you and are urged to keep the House provisions in SB 498. #TakeAction

Oklahoma: Governor Mary Fallin signed legislation into law on Friday, May 13, to expand the pool of patients eligible to possess cannabidiol (CBD) under a physician’s authorization. House Bill 2835 extends existing legal protections to the following patients: those with “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases.” The measure also removes the age requirement limitation from existing law so that adults with various forms of epilepsy are eligible for CBD therapy. The expanded law takes effect on November 1, 2016.

Rhode Island: On Thursday, May 19th members of the Senate approved legislation, Senate Bill 2115, to make post-traumatic stress patients eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. The measure will now be sent to the House for consideration. #TakeAction

This week we’ll give you updates on legislation in Florida, Louisiana, New Hampshire and Ohio. Plus we have exciting ballot initiative news out of California and Missouri! Keep reading below to get the latest in marijuana law reform this week.

California: Proponents of the marijuana legalization ballot initiative, the AUMA (Adult Use of Marijuana Act), announced announced at a press conference that they have gathered more than 600,000 signatures from registered voters. This total is far more than the required number of 365,880 signatures needed in order to qualify for the November 2016 ballot. The Board of Directors of NORML has endorsed the measure, which permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales.

Florida: Members of the Orlando City Council voted 4 to 3 this week in favor of a new municipal ordinance giving police the option to cite, rather than arrest, minor marijuana possession offenders. Under the ordinance, which takes effect on October 1, 2016, first-time and second-time possession offenses involving up to 20 grams of cannabis may be punished by a fine of no more than $200 – no arrest and no criminal record. Under state law, similar offenses are classified as a criminal misdemeanor, punishable by up to one year in prison and a $1,000 fine. Similar local measures have been recently approved in several other Florida cities and counties, including Tampa, Miami-Dade county, Palm Beach county, and Volusia county.

Louisiana: Members of the House of Representatives have approved senate legislation, Senate Bill 271, to fix and expand the state’s dormant medical marijuana law. Existing law only permits for the patients’ use of medical marijuana in instances where the plant is ‘prescribed.’ However, under federal law, physicians cannot legally ‘prescribe’ cannabis or any schedule I substance. Senate Bill 271 seeks to change the language of existing law so that physicians may ‘recommend’ rather than prescribe cannabis therapy. The measure also expands the pool of conditions eligible for cannabis therapy to include Crohn’s disease, HIV, multiple sclerosis, and other disorders. The bill will now return to the Senate for concurrence. Governor John Bel Edwards has expressed support for the medical marijuana expansion measure, stating that he wants a ‘meaningful’ bill that will ‘actually work.’ #TakeAction

Missouri: Representatives of New Approach Missouri, the group pushing for a statewide medical marijuana ballot question this November, announced earlier this week they have turned in just under 250,000 signatures to the state for certification — well over the 167,000 signatures necessary to qualify for the ballot. The measure, which NORML has endorsed, would permit physicians to recommend cannabis therapy to patients at their discretion, and would also permit qualified patients to cultivate marijuana or obtain it from licensed dispensaries.

New Hampshire: Members of the House approved an amended, Senate-backed sentencing reform bill, Senate Bill 498, in a 298-58 vote on Wednesday, May 11th. The amended language would make first-time marijuana possession offenses a civil violation rather than a criminal offense. The civil penalty would be limited to a fine only: no arrest, prosecution, or criminal record. Subsequent offenses would continue to be classified as misdemeanors. The legislation now returns to the Senate for concurrence. Members of the Senate have previously rejected decriminalization for several years running. #TakeAction

Ohio: House lawmakers approved revised legislation, House bill 523, to establish guidelines for those who may qualify to use medical marijuana and how it may legally be consumed, in a 71-26 vote on May 10th. The revisions outline 20 ailments for which cannabis may be recommended, including epilepsy, AIDS, and intractable pain. However, the revised language prohibits the consumption of medicinal cannabis via smoking. Such restrictions exist in three other states: Minnesota, New York, and Pennsylvania. The measure will now be considered by members of the Senate Government Oversight and Reform Committee on Tuesday, May 17th. #TakeAction

A separate, more comprehensive medical marijuana measure is likely to appear on the 2016 ballot initiative. Proponents of the initiative, the Marijuana Policy Project, must collect 305,591 valid signatures of Ohio voters by early July to qualify for the November 2016 ballot. The MPP-backed measure would permit qualified patients to cultivate their own medicine and/or obtain cannabis from licensed dispensaries. You can read a summary of the measure here.

We are ten days out from NORML’s 2016 Conference and Congressional Lobby Day and we are excited to share with you the full itinerary! Have you registered to attend? We have some fun events planned and it would be a shame for you to miss out!